La negligencia en los profesionales de la salud y el homicidio culposo en el Ecuador.

Abstract

In Ecuador, homicide by medical praxis is closely related to the right to life and therefore with the recognition of human rights. Reflecting on this is a necessary exercise that motivates the purpose of this article, to analyze the treatment of this type of law in our country and to know its legal incidence. For this, a descriptive study was carried out based on exegetical methods, content analysis, analytical - synthetic and historical - logical. Among its findings, it was evidenced that in Ecuador homicides due to medical abuse do not have provisions that respond to the needs of this type of crime, and are the same ones that seriously affect the fair trial of the parties involved. Based on the legal comparison with Latin American and European countries, it has been possible to demonstrate the great difference that exists in the country at the moment of typifying and punishing the crime of manslaughter related to medical negligence, since this can not only cause the death of a patient, but also cause harm to health, that is, cause injury to the patient; being differences that in the legal-criminal field are not clearly discerned. In the present, reference is also made to the background of this crime throughout history, from its origin, that is, the birth of the Code of Hammurabi to when the classification of medical negligence as a crime in Ecuador is carried out, knowing thus the corresponding sanctions according to the aggravating factors considered in the trial.